In an era where digital communication is instantaneous, the misuse of mobile technology to harass, threaten, or defame individuals has become increasingly common. Under Philippine law, sending false accusations or threats via text message is not merely a private nuisance; it is a criminal act with specific legal remedies available to the aggrieved party.
1. Cyber Libel (The Cybercrime Prevention Act of 2012)
When a person sends a text message containing false accusations to a third party or a group chat (GC), they may be liable for Cyber Libel under Republic Act No. 10175.
- The Element of Publicity: For libel to exist, the defamatory statement must be "published" or communicated to someone other than the person being defamed. A private text message sent only to you is generally not libelous, but if the message is sent to others or posted in a group, it meets the criteria.
- Malice: The law presumes malice if the allegation is false and intended to cast dishonor or contempt upon the victim.
- Penalty: Cyber libel carries a higher penalty than traditional libel, often involving imprisonment (prision mayor) and significant fines.
2. Grave and Light Threats (The Revised Penal Code)
If the text message contains a threat to inflict a wrong upon your person, honor, or property, it falls under the Revised Penal Code (RPC), specifically Articles 282 and 283.
- Grave Threats (Art. 282): This occurs when someone threatens another with a crime (e.g., "I will kill you" or "I will burn your house"). If the threat is made subject to a condition (e.g., "Pay me or I’ll hurt you"), the penalty is more severe.
- Light Threats (Art. 285): This involves threats that do not constitute a crime but are still intended to intimidate or harass.
- Cyber-Qualification: Under RA 10175, if these threats are committed through Information and Communications Technology (ICT), the penalty is increased by one degree.
3. Unjust Vexation
If the text messages are persistent, annoying, or harassing but do not necessarily contain a specific threat or a defamatory statement, the sender may be charged with Unjust Vexation (Art. 287, RPC).
This is a "catch-all" provision for conduct that irritates, disturbs, or causes psychological distress to another person without a legitimate purpose. Like threats, when committed via text, the penalty is increased under the Cybercrime Law.
4. Violation of the Safe Spaces Act (Bawal Bastos Law)
If the text messages contain unwanted sexual remarks, misogynistic slurs, or persistent uninvited comments on one’s appearance, the sender can be prosecuted under Republic Act No. 11313 or the Safe Spaces Act.
- Gender-Based Online Sexual Harassment: This includes sending sexual photos, making threats of a sexual nature, or "doxing" (publishing private information) with the intent to harass.
Step-by-Step Legal Remedies
| Action | Description |
|---|---|
| Preservation of Evidence | Take screenshots of all messages immediately. Do not delete them. Ensure the sender's phone number and the timestamp are visible. |
| Police Blotter | Report the incident to the nearest police station to create an official record of the harassment or threat. |
| PNP-ACG / NBI-CCD | File a formal complaint with the Philippine National Police - Anti-Cybercrime Group (ACG) or the National Bureau of Investigation - Cybercrime Division (CCD). They have the tools to trace numbers and verify digital footprints. |
| Request for Protection | If the threats are life-threatening, you may petition the court for a Temporary Protection Order (TPO) or a Permanent Protection Order (PPO). |
| Civil Action for Damages | Aside from criminal charges, you can file a civil case under Article 26 or 33 of the Civil Code to claim moral damages for the mental anguish and wounded feelings caused by the harassment. |
The Importance of the Cybercrime Warrant
If the sender’s identity is unknown (using an unregistered or "burner" SIM), the authorities may apply for a Warrant to Disclose Computer Data (WDCD). This allows law enforcement to compel telecommunications companies to provide information regarding the subscriber identity associated with the offending number.
Relevant Laws to Cite
- R.A. 10175: Cybercrime Prevention Act of 2012.
- R.A. 11313: Safe Spaces Act.
- R.A. 11934: SIM Registration Act (which now makes it easier to identify anonymous texters).
- Act No. 3815: The Revised Penal Code.